42,781 research outputs found

    “Finding the \u27Public\u27 in \u27Public Disrepute” – Would the Cultural Defense Make a Difference in Celebrity and Sports Endorsement Contract Disputes? - The Case of Michael Vick and Adrian Peterson

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    This article will explore this issue by engaging in case studies of the Vick and Peterson scandals to see what would have happened had the two men taken their claims against Nike to court. Part One will discuss the cases in more depth and elaborate on how they might be viewed through the lens of cultural relativity theory and the cultural defense. Part Two will elaborate on what morals clauses are and the legal standards courts use to enforce them. In addition to examining the Mendenhall decision, several other court cases will be discussed, each of which places differing levels of emphasis on how much evidence is needed to meet the public disrepute requirement. Except for the judge in the Mendenhall case, all of the judges in these additional cases were white. This is mentioned because it is possible that the race of the judge may bear some relation to the level of openness they may have to entertaining the cultural defense. Part Three will apply the aforementioned legal standards to the Vick and Peterson cases, with special attention paid to the extent to which courts discussed in Part Two might be open to entertaining the cultural defense in these kinds of disputes. Part Four will contain my conclusion, which is that most judges will probably not give extra weight to the cultural defense in situations of the type discussed here. There will be a range of approaches to how courts might define public disrepute in these cases, but the overall outcome will be the same. On one side will be a small number of judges, like the judge in Mendenhall, who require both sides to produce detailed evidence to show if expressed minority viewpoints favoring talent outweigh viewpoints that disfavor talent. However, since white football fans outnumber blacks, this will mean that black talent like those discussed here won\u27t benefit from the cultural defense. On the other side will be judges who base their decisions on their own personal take on what the majority of people do (or should) think about the matter. In the main case discussed here where such an approach took place, the judge ruled against talent. Thus, regardless of the rationale for the decision-making expressed in these cases, most talent in these kinds of situations will lose. Nevertheless, there may still be some judges and endorsement company managers who do want to take into account the social dimensions that give rise to the cultural defense in the interests of fairness. My conclusion at the end of the paper will suggest some possible approaches they can adopt to achieve this result

    The Stability of the Laminar Boundary Layer

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    The present papcr is a continuation of a theoretical investigation of the stability of the laminar boundary layer in a compressible fluid. An approximate estimate for the minimum critical Reynolds number Re[sub]cr[sub-sub]min, or stability limit, is obtained in terms of the distribution of the kinematic viscosity and the product of the mean density [rho][super][bar]* and mean vorticity [formula] across the boundary layer. With the help of this estimate for Re[sub]cr[sub-sub]min it is shown that withdrawing heat from the fluid through the solid surface increases RRe[sub]cr[sub-sub]min and stabilizes the flow, as compared with the flow over an insulated surface at the same Mach number. Conduction of heat to the fluid through the solid surface has exactly the opposite effect. The value of Re[sub]cr[sub-sub]min for the insulated surface decreases as the Mach number increases for the case of a uniform free-stream velocity. These general conclusions are supplemented by detailed calculations of the curves of wave number (inverse wave length) against Reynolds number for the neutral disturbances for 10 representative cases of insulated and noninsulated surfaces. So far as laminar stability is concerned, an important difference exists between the case of a subsonic and supersonic free-stream velocity outside the boundary layer. The neutral boundary-layer disturbances that are significant for laminar stability die out exponentially with distance from the solid surface; therefore, the phase velocity c* of these disturbances is subsonic relative to the free-stream velocity [symbol] or [symbol], [symbol] where is the local sonic velocity. When [symbol]<1, (where M[sub]0 is free-stream Mach number), it follows that [inequalities] and any laminar boundary-1ayer flow is ultimately unstable at sufficiently high Reynolds numbers because of the destabilizing action of viscosity near the solid surface, as explained by Prandtl for the incompressible fluid. When M[sub]0 >1, however, [inequalities]. If the quantity [forumla] is large enough negatively, the rate at which energy passes from the disturbance to the mean flow, which is proportional to [formula], can always be large enough to counterbalance the rate at which energy passes from the mean flow to the disturbance because of the destabilizing action of viscosity near the solid surface. In that case only damped disturbances exist and the laminar boundary layer is completely stable at all Reynolds numbers. This condition occurs when the rate at which heat is withdrawn from the fluid through the solid surface reaches or exceeds a critical value that depends only on the Mach number and the properties of the gas. Calculations show that for M[sub]0 > 3 (approx.) the laminar boundary-layer flow for thermal equilibrium -- where the heat conduction through the solid surface balances the heat radiated from the surface -- is completely stable at all Reynolds numbers under free-flight conditions if the free-stream velocity is uniform. The results of the analysis of the stability of the laminar boundary layer must be applied with care to discussions of transition; however, withdrawing heat from the fluid through the solid surface, for example, not only increases Re[sub]cr[sub-sub]min but also decreases the initial rate of amplification of the self-excited disturbances, which is roughly proportional fo 1/[sqrt]Re[sub]cr[sub-sub]min. Thus, the effect of the thermal conditions at the solid sufice on the transition Reynolds number Re[sub]tt, is similar to the effect on Re[sub]cr[sub-sub]min. A comparison between this conclusion and experimental investigations of the effect of surface heating on transition at low speeds shows that the results of the present paper give the proper direction of this effect. The extension of the results of the stability analysis to laminar boundary-layer gas flows with a pressure gradient in the direction of the free stream is discussed

    A Discussion of the Application of the Prandtl-Glauert Method to Subsonic Compressible Flow over a Slender Body of Revolution

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    The Prandtl-Glauert method for subsonic potential flow of a compressible fluid has generally been believed to lead to an increase in the pressures over a slender body of revolution by a factor 1/([sqrt](1-M[sub]1^2)) (where M[sub]1 is Mach number in undisturbed flow) as compared with the pressures in incompressible flow. Recent German work on this problem has indicated, however, that the factor 1/([sqrt](1-M[sub]1^2)) is not applicable in this case. In the present discussion a more careful application of the Prandtl-Glauert method to three-dimensional flow gives the following results: The Prandtl-Glauert method does not lead to a universal velocity or pressure correction formula that is independent of the shape of the body. The factor 1/([sqrt](1-M[sub]1^2)) is applicable only to the case of two-dimensional flow. The increase with Mach number of the pressures over a slender body of revolution is much less rapid than for a two-dimensional airfoil. An approximate formula from which the increase can be estimated is derived theoretically. The increase with Mach number of the maximum axial interference velocity on a slender body of revolution in a closed wind tunnel is given approximately by the factor 1/((1-M[sub]1^2)^-3/2), rather than by the factor 1/([sqrt](1-M[sub]1^2)) previously obtained by Goldstein and Young and by Tsien and Lees

    Abrams v. Sanson, 136 Nev. Adv. Op. 9 (Mar. 5, 2020)

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    The Court determined that statements sent to an email listserv criticizing an attorney’s courtroom conduct were good faith communications regarding a matter of public concern and were protected under the Nevada anti-SLAPP statutes. However, the Court held that Abrams did not show a probability of prevailing on her claims with prima facie evidence as her claims did not exhibit minimal merit

    The Mafia Tightens Its Grip on the Teamsters, 1974

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    Article describing the relationship of James R. Hoffa, Frank E. Fitzsimmons, Harry Davidoff, and the International Brotherhood of Teamsters Local 295 (New York, NY) in relation to New York Mafia. Reader\u27s Digest, August 1974
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